Gestational Surrogacy is permitted in Idaho because no statute or published case law prohibits it. However, recent case law (June 2016) confirmed that a non-genetic parent will not be issued a post-birth parentage order, but instead must complete a post-birth adoption in order to be recognized as a legal parent. Pre-birth parentage orders are not available in Idaho, regardless of genetic connection to the child. If no intended parent shares a genetic relationship with the child, then a full adoption must be completed.
Although the following guide can give you a better understanding of the general rules and regulations of surrogacy in Idaho, it is not meant to be used as legal advice. It is important to consult with an experienced attorney to guide you through your unique journey.
Below is a list of some of the most frequently asked questions about surrogacy in Idaho.
Yes. Gestational surrogacy is permitted in Idaho because no statute or published case law prohibits it. However, pursuing surrogacy in this state is a complex process because pre-birth orders are not available.
Yes. Traditional surrogacy is considered legal because no statute or published case law prohibits it. Like gestational surrogacy, this is a complicated process in Idaho because pre-birth orders aren’t available.
Yes. Compensated surrogacy is legal because no statute or case law prohibits it. This is something that is established when the surrogacy contract between surrogates and intended parents is drafted. In addition to their base pay, surrogates are compensated for their time, the medical risks they accept, and the list of expenses below:
There are no state regulations that address the process of creating a surrogacy agreement in Idaho. However, intended parents and their surrogate must be represented by separate surrogate attorneys to ensure that both parties’ rights and interests are protected.
These attorneys will negotiate an agreement that addresses at least the following:
Once the contract is signed by parties and executed, the medical process of surrogacy can begin.
Pre-birth orders are not available in Idaho under any circumstance. Only intended parents using their own egg or sperm can be granted a post-birth parentage order. If no intended parent shares a genetic relationship with the child, then a full adoption must be completed post-birth.
Below is a list of some of the most frequently asked questions about surrogacy in Idaho.
Since Idaho does not have a statutory rule on this, there is not a specific set of guidelines for when an Idaho judge may uphold the validity of a surrogacy arrangement.
Yes. These Idaho surrogacy laws also apply to intended parents who live in other states. International intended parents and intended parents who live in another state needing to complete an adoption after birth cannot take advantage of a stepparent adoption in Idaho because the state requires a six-month minimum residency in Idaho before an adoption petition can be filed.
International intended parents who need to complete a stepparent or second-parent adoption will need to finish this legal step in another state.
Since only intended parents who have a genetic connection to the child can obtain a post-birth parentage order, any intended parent who has no genetic relationship to their child born via surrogacy must complete an adoption after birth, but they must meet the six-month residency requirement before an adoption petition can be filed.
No. Second-parent adoptions are not permitted in Idaho, but Idaho will honor a second-parent adoption order issued by another state.
Stepparent adoptions are available to Idaho residents, whether married or unmarried when at least one of the intended parents is genetically related to the child.
If intended parents in Idaho are not residents of the state, they will need to return to their own state to protect their parental rights through a post-birth adoption order. The Idaho Office of Vital Records will typically honor a second-parent adoption order from another state and update the birth certificate accordingly.
Any intended parent who uses a donor egg, sperm, or embryo (non-genetic intended parent) will have to complete a full adoption post-birth to be recognized as a legal parent.
No. There are no additional laws impacting same-sex parents in this state.
Monica Cockerille
Boise, ID
monica@cockerillelaw.com
idahofertilitylaw.com
(208) 343-7676
Kathleen McRoberts
Boise, ID
kmcroberts@thirdpartyreproduction.com
thirdpartyreproduction.com
(208) 214-4584
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